District Attorney Fani Willis is encountering significant hurdles in her attempt to prosecute former President Donald Trump before the November election due to allegations of an improper affair and related court decisions. Legal experts suggest these complications may delay or even derail the high-profile case.
Fox News reported that Willis aimed to bring Trump to trial before the November election, but she was accused of having an improper affair with special prosecutor Nathan Wade in February.
In February, Fulton County Superior Court Judge Scott McAfee decided not to disqualify Willis from the case. This decision is currently under appeal, with the hearing set for early October.
Until the appeal is resolved, Judge McAfee is unable to take any action in the case, including addressing the impact of Supreme Court decisions on Willis' case.
Legal experts are concerned about the impact of these allegations on the case. Clark D. Cunningham commented that Willis "just stabbed the case right in the heart." The scandal could be disastrous for the prosecution against Trump.
Trump, indicted in August along with 18 co-defendants, is accused of attempting to overturn the 2020 presidential election results in Georgia.
One of the co-defendants, GOP operative Michael Roman, accused Willis of having an affair with Wade. Other co-defendants have alleged that Willis financially benefited from her relationship with Wade.
Both Wade and Willis have denied any romantic relationship prior to his hiring and claimed to split travel costs. To prevent Willis' disqualification, Judge McAfee ordered Wade's removal from the case in February and dismissed six state charges.
John Malcolm, a legal expert, highlighted the improbability of the case being tried before the election with 14 remaining defendants.
He emphasized the seriousness of the allegations against Willis, including payments made to Wade and her relationship with him, as well as her speech at an Atlanta church which Judge McAfee criticized in a court order.
"The recent order from the Court of Appeals sent two signals, in my view," Malcolm stated. "First, the court believes that the issues that have been raised are substantial and serious. Second, the court believes it would be fundamentally unfair to put the defendants to the time and expense of litigating pretrial issues before Judge McAfee when there is a reasonable possibility that Fani Willis and the Fulton County District Attorney’s Office will be disqualified from continuing with the case."
Malcolm suggested that if Willis is disqualified, the case would likely be handed over to another prosecutor who may decide to proceed or drop the charges entirely. This scenario adds to the complexity and uncertainty surrounding the case.
The pending presidential immunity case before the Supreme Court could also significantly impact both the Georgia case and the federal case against Trump in D.C. Malcolm noted that this case "will have a dramatic impact on both the Georgia case and the federal case that is pending against former President Trump in D.C., and may make it difficult for Fani Willis (or some other prosecutor if she is disqualified) to continue to pursue Trump."
Legal expert Anthony Michael Kreis predicted that if Trump is elected, the trial will almost certainly be delayed until 2029.
Despite the complications, he doubted that Willis would recuse herself unless the court forces her off the case. "She is not one to back down from a fight," Kreis remarked. "I think the only way she might do that is if she really felt like the case was kind of getting out from underneath her."
A representative for Willis did not respond to Fox News Digital's request for comment.
In summary, District Attorney Fani Willis is facing substantial setbacks in her efforts to prosecute former President Trump.
The allegations of an improper affair with special prosecutor Nathan Wade and related court decisions have created significant challenges.
Legal experts predict these issues may delay or derail the case, potentially leading to its transfer to another prosecutor or a significant postponement if Trump is elected. The pending Supreme Court case on presidential immunity adds another layer of complexity, potentially impacting both the Georgia and federal cases against Trump.
